Novelty requirement - Djibouti

Information Guide

Patent granting procedure

The filing and registration of the patent is carried out at the ODPIC by following the steps below:
✓ Presentation of the documents and the previously completed form (form to be withdrawn on the ODPIC site)
✓ Issuance of deposit receipt
✓ Registration in the patent register
✓ Feasibility study (formal and substantive examination)
✓ If accepted: publication for 18 months
✓ 3 month objection
✓ Grant of the patent

Obtaining a patent guarantees the company a monopoly of exploitation for a period of 20 years.

The costs relating to the patent are distinguished in 2 parts

1. Royalties relating to patent filing
‣ Invention patent filing fee 122,500 FDJ
‣ Feasibility study: 45,000 FDJ
‣ Correction of errors of expression, transcription or
material errors: 10,000 DJF
‣ Registration of deeds affecting ownership or enjoyment
fees: 10,000 FDJ
‣ Registration of change relating to the identification
from the owner: 10,000FDJ
‣ Declaration of withdrawal: 10,000 FDJ

2. Royalties on the maintenance in force of the patent
‣ 1st period of 5 years: 50,000 FDJ
‣ 2nd period of 5 years: 75,000 FDJ
‣ 3rd period of 5 years: 100,000 FDJ
‣ 4th period of 5 years: 125,000 FDJ

CONTACT INFORMATION

Djiboutian Office of Intellectual and Commercial Property (ODPIC)

Mohamed Dileita Street
PO: 2017

Phone: +253 21 35 60 11
Fax: +253 21 35 60 92
Email: contact@odpic.net
Website: https://www.odpic.net

REGISTRATION OF PATENTS, TRADEMARKS, DESIGNS AND MODELS

To secure the intangible assets of companies against fraudulent and illegal maneuvers (counterfeiting, unfair competition and usurpation) and reduce disputes between economic actors, the Republic of Djibouti, like other countries, has set up a dedicated institution protection of industrial and commercial property. The Djibouti Office of Industrial and Commercial Property (ODPIC), a state-owned industrial and commercial company with legal personality and financial autonomy was created in 2008 by Law No. 49/AN/08/6 ^{th .}

This institution's mission is to register and issue patents, certificates of registration of trademarks, designs and models in Djibouti

A patent protects an invention (product, composition of matter, apparatus, process or improvement of an old product) which must have the following characteristics: be new and offer the possibility of being used or applied. Also, the patent grants a monopoly to the author of this invention for a certain period predefined by the regulations.

Novelty requirement

In terms of patent applications, the ODPIC only patents inventions that meet the novelty requirements, which is an absolute condition and lead to a grant. In other words, the invention is not patentable if it is disclosed or known to the public before the patent application is filed.

Activities and signs excluded from protection

Certain activities or signs are excluded from the protection granted by the texts in force at the ODPIC, in particular activities and signs that are contrary to public order and morality.

Trademarks, designs and models

Brands

Ownership of the trademark is acquired in Djibouti by obtaining a registration certificate following an application filed with the ODPIC
Trademark registration steps
1. Submission of the form and the documents to be provided
2. Registration in the Register of Trademarks
3. Issuance of a receipt
4. Feasibility study which includes the study of substance and form
5. Issuance of the registration certificate
6. Publication in the Official Bulletin

Duration

1 week max

Cost of trademark registration
Fees for deposits and feasibility study: 122,500 FDJ

Designs and Models

The drawing is an assembly of lines, colors, intended to give a special appearance to any industrial or artisanal object. As for the model, it is any plastic form associated or not with colors and any industrial object which can be used as a type for the manufacture of other units.

Steps for registering Designs and Models

1. Submission of the form and the documents to be provided
2. Registration in the Register of Designs and Models
3. Issuance of a receipt attesting to the filing of the application for registration
4. Feasibility study which includes the study of substance and form
5. Issuance of the registration certificate
6. Publication in the Official Bulletin